Patna High Court
Bechan DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated bond and sureties.
Summary
The petitioner, Bechan Das, was implicated in a case where 96.84 litres of liquor were recovered from a motorcycle he owned, leading to charges under Sections 274, 275, 317(5) of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had a clean antecedent, was unaware of his friend’s misuse of the vehicle, and that no liquor was found in his personal possession. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S., emphasizing the need for a thorough antecedent check before final confirmation.
Issues considered
- Whether anticipatory bail can be granted when the accused is merely the owner of the vehicle from which contraband was recovered.
- Whether the petitioner’s lack of personal possession of the liquor and clean antecedent justify anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. permits provisional anticipatory bail pending verification of antecedents.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- motor vehicle ownership
- liquor seizure
- criminal antecedent
- Section 274
- Section 275
- Section 317(5)
- Section 30(a)
- Section 482(2)
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24617 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Bechan Das S/o Late Nathuni Das R/o Vill-Saguna, P.S- Rajnagar, Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275,
317(5) of BNS and Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 96.840 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
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would create evidence against himself and hence would get
implicated. It is further submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged, who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Jaynagar P.S. Case No.465/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.24617 of 2026(2) dt.20-04-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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